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Criminal Background Check Procedures

About this Guide

Accend is required by law to complete background checks prior to hiring anyone who will work directly with the people we serve. This policy and procedure describes that process and lists the disqualifying offenses.

This policy was last updated on December 2, 2018. It is subject to change without notice. Always check back here for updates.

Criminal Background Checks Required

What You Will Learn

How and when we do background checks

Actions we will take when we find a problem in a background check

Your Privacy Rights for background checks

Disqualifying offenses and conduct in Minnesota law

In compliance with Minnesota Statute 245C, Accend Services requires that all staff providing direct services to clients shall fully and accurately complete an application for a criminal background check prior to or upon hire to the agency, upon transfer within the agency to another licensed service, or as required by re-licensing of services to which the staff members is assigned. Accend Services submits these applications to the state or county licensing/certification office applicable to the service site or program.

Accend Services will not assign existing or new staff members to provide services until after their background checks are returned and cleared.

We update background checks annually.

Administrative Action in the Case of Disqualification

Accend Services immediately removes from client contact any staff members who are disqualified as a result of background checks as defined in Minnesota Statute 245C.14 unless:

  1. The commissioner has provided written notice under section 245C.17 stating that the individual may remain in direct contact during the period in which the individual may request reconsideration as provided in section 245C.21, subdivision 2;
  2. The commissioner has set aside the individual's disqualification for that program or entity identified in section 245C.03, as provided in section 245C.22, subdivision 4; or
  3. Accend Services has been granted a variance for the disqualified individual under section 245C.30.

Motor Vehicle Reports

For team members who will drive as a part of their jobs, Accend also requires motor vehicle reports upon hire and annually. Certain serious or numerous traffic violations may result the team member being prohibited from driving while on duty.

Accend will check driving records prior to employment and at least annually. For purposes of driving record checks, Accend uses a point system recommended to us by our liability insurance provider, with more serious moving violations constituting more points. A score of 10 points or higher in the previous three years may disqualify an employee from driving. When driving is a requirement for a position, this may result in termination of employment.

Employees who drive personal vehicles for work must maintain minimum liability insurance and provide proof of this to Human Resources. If you change your insurance coverage or carrier, you must provide proof of the new/changed coverage.

Responsibilities of Staff

Applicants must disclose disqualifying offenses on their applications for employment with Accend Services. Staff members who are hired and found to have falsified or purposely omitted information on their applications that may lead to disqualification may face immediate termination of their employment with Accend Services.

All current staff members who are arrested for or convicted of disqualifying offenses, potentially disqualifying offenses, or who have questions about whether arrests or convictions may disqualify them, must immediately report this immediately to Accend Services, who will determine whether or not they must be removed from client contact. This duty to report includes serious traffic violations for staff members who drive during work.

Procedures for Completing Background Checks

Prior to assignment of an applicant to direct service, the hiring supervisor shall obtain information required for completing a criminal background check using the form attached to this policy, or by asking the applicant to complete his or her application for a background check online at the NETStudy website.

Human Resources shall obtain the clearance, disqualification or pending status using the NETStudy website. If the applicant is disqualified, or if more time is needed, the Office Manager shall inform the applicant and/or his or her supervisor of the status. The applicant shall not be allowed to work in direct contact with clients until a clearance or a set aside of the disqualification is obtained.

Background Study Privacy Notice

Because the Minnesota Department of Human Services is requesting that you provide private information about yourself, the Minnesota Government Data Practices Act requires that you be informed of the following:

  1. Purpose and intended use of the information: The information requested will be used to perform a background study of you that will include at least a review of criminal conviction records held by the Minnesota Bureau of Criminal Apprehension and records of substantiated maltreatment of vulnerable adults and children. DHS may also later require you to submit additional information and/or your fingerprints if necessary to complete your background study. For all individuals who are subject to background studies by DHS, the corrections system will report new criminal convictions for disqualifying crimes to DHS. County agencies and the Minnesota Department of Health report substantiated findings of maltreatment of minors and vulnerable adults to DHS.

  2. Whether you may refuse or are legally required to provide the information: Minnesota Statutes, chapter 245C, states that the individual who is the subject of a study must provide sufficient information to ensure an accurate background study.

  3. Known consequences that may arise from supplying the information: Individuals who are found to have histories with the characteristics identified in Minnesota Statutes, chapter 245C, will be disqualified from positions allowing direct contact with persons receiving services. Disqualification of owners and managerial officials will result in denial or termination of enrollment in the Medical Assistance program, unless the disqualification is set aside as provided in Minnesota Statutes, chapter 245C. Health-related licensing boards will make a determination whether to impose disciplinary or corrective action on individuals regulated by health-related licensing boards who have been determined to be responsible for substantiated maltreatment. Individuals who do not found have disqualifying characteristics will not be disqualified.

  4. Known consequences that will arise from refusing to supply the requested information: Only items identified as "optional" may be left blank. Refusal to provide the information necessary to ensure an accurate and complete background study will result in your disqualification and an order to the agency or facility to remove you from any position allowing direct contact to persons receiving services.

  5. Identification of other agencies or entities authorized to receive this information: The information you provide form will be shared with the Minnesota Bureau of Criminal Apprehension. If DHS has reasonable cause to believe that other agencies may have information pertinent to a disqualification, the information may also be shared with county attorneys, county sheriffs, courts, county agencies, local police, the Federal Bureau of Investigation, the Office of the Attorney General, agencies with criminal record information systems in other states, and juvenile courts. Background study results may be shared with the Minnesota Department of Health, the Minnesota Department of Corrections, the Office of the Attorney General, and health-related licensing boards. If you have a disqualifying characteristic, the facility will be told only that you are disqualified and will not be told what caused your disqualification, unless you were disqualified for refusing to cooperate with the background study or for serious and/or recurring maltreatment of a minor or vulnerable adult. The information about you received as part of a background study is classified as private data and, except for the agencies noted, cannot be shared without your consent.

List of Disqualifying Crimes or Conduct

For the statute and links to specific offenses listed here, see: Minnesota Statute 245C.15 Disqualifying crimes or conduct. Similar offenses in other states are also disqualifying for the same time periods listed here.

Permanent Disqualification

(a) An individual is disqualified under section 245C.14 if:

(1) regardless of how much time has passed since the discharge of the sentence imposed, if any, for the offense; and

(2) unless otherwise specified, regardless of the level of the offense, the individual has committed any of the following offenses:

An individual also is disqualified under section 245C.14 regardless of how much time has passed since the involuntary termination of the individual's parental rights under section 260C.301.

(b) An individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes, permanently disqualifies the individual under section 245C.14.

(c) An individual's offense in any other state or country, where the elements of the offense are substantially similar to any of the offenses listed in paragraph (a), permanently disqualifies the individual under section 245C.14.

(d) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

15-year Disqualification

(a) An individual is disqualified under section 245C.14 if:

(1) less than 15 years have passed since the discharge of the sentence imposed, if any, for the offense; and

(2) the individual has committed a felony-level violation of any of the following offenses:

(b) An individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) For foster care and family child care an individual is disqualified under section 245C.14 if less than 15 years has passed since the individual's voluntary termination of the individual's parental rights under section 260C.301, subdivision 1, paragraph (b), or 260C.301, subdivision 3.

(d) An individual is disqualified under section 245C.14 if less than 15 years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of the offenses listed in paragraph (a).

(e) If the individual studied is convicted of one of the felonies listed in paragraph (a), but the sentence is a gross misdemeanor or misdemeanor disposition, the individual is disqualified but the disqualification lookback period for the conviction is the period applicable to the gross misdemeanor or misdemeanor disposition.

(f) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Ten-year Disqualification

(a) An individual is disqualified under section 245C.14 if:

(1) less than ten years have passed since the discharge of the sentence imposed, if any, for the offense; and

(2) the individual has committed a gross misdemeanor-level violation of any of the following offenses:

(b) An individual is disqualified under section 245C.14 if less than ten years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraph (a), as each of these offenses is defined in Minnesota Statutes.

(c) An individual is disqualified under section 245C.14 if less than ten years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraph (a).

(d) If the defendant is convicted of one of the gross misdemeanors listed in paragraph (a), but the sentence is a misdemeanor disposition, the individual is disqualified but the disqualification lookback period for the conviction is the period applicable to misdemeanors.

(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

Seven-year Disqualification

(a) An individual is disqualified under section 245C.14 if:

(1) less than seven years has passed since the discharge of the sentence imposed, if any, for the offense; and

(2) the individual has committed a misdemeanor-level violation of any of the following offenses:

(b) An individual is disqualified under section 245C.14 if less than seven years has passed since a determination or disposition of the individual's:

(1) failure to make required reports under section 626.556, subdivision 3, or 626.557, subdivision 3, for incidents in which: (i) the final disposition under section 626.556 or 626.557 was substantiated maltreatment, and (ii) the maltreatment was recurring or serious; or

(2) substantiated serious or recurring maltreatment of a minor under section 626.556, a vulnerable adult under section 626.557, or serious or recurring maltreatment in any other state, the elements of which are substantially similar to the elements of maltreatment under section 626.556 or 626.557 for which: (i) there is a preponderance of evidence that the maltreatment occurred, and (ii) the subject was responsible for the maltreatment.

(c) An individual is disqualified under section 245C.14 if less than seven years has passed since the individual's aiding and abetting, attempt, or conspiracy to commit any of the offenses listed in paragraphs (a) and (b), as each of these offenses is defined in Minnesota Statutes.

(d) An individual is disqualified under section 245C.14 if less than seven years has passed since the discharge of the sentence imposed for an offense in any other state or country, the elements of which are substantially similar to the elements of any of the offenses listed in paragraphs (a) and (b).

(e) When a disqualification is based on a judicial determination other than a conviction, the disqualification period begins from the date of the court order. When a disqualification is based on an admission, the disqualification period begins from the date of an admission in court. When a disqualification is based on a preponderance of evidence of a disqualifying act, the disqualification date begins from the date of the dismissal, the date of discharge of the sentence imposed for a conviction for a disqualifying crime of similar elements, or the date of the incident, whichever occurs last.

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